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Sub. H. B. No. 195 As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Evans, Bubp, Combs, Adams, Stebelton, Fende, Hughes, Aslanides, Batchelder, Collier, Daniels, DeBose, Domenick, Dyer, Fessler, Flowers, Gibbs, Jones, Latta, Mandel, McGregor, R., Oelslager, Patton, Schneider, Stewart, J., Uecker, Wachtmann, Wagoner, Webster, Yuko
A BILL
To amend sections 109.572, 2921.41, 2925.01, 2925.03,
2925.11,
2925.22, 2953.32, 2961.01, and 2961.02
of the
Revised
Code to provide that the
prescription-related
exemption from the drug
possession offenses
applies only when the
controlled substance is
obtained pursuant to a
lawful prescription, to
modify the penalties for
"deception to obtain a
dangerous drug" and
"possession of drugs" under
specified
circumstances, to modify a criterion
for
determining the penalty for the
trafficking
in
drugs offenses, to make existing laws
prohibiting
a person
who has been convicted of a
felony,
including the offense of theft in office,
from
holding
public office and denying such
person
other
specified privileges applicable upon
the
acceptance of the person's guilty plea or the
determination of the person's guilt, and to
remove the authority of the Bureau of Criminal
Identification and
Investigation to review sealed
criminal conviction records in
conducting a
criminal records check regarding license
applicants
for whom the check was required by Am.
Sub. H.B. 104 of the 127th
General Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572, 2921.41, 2925.01, 2925.03,
2925.11,
2925.22, 2953.32, 2961.01, and 2961.02 of the Revised
Code be amended to
read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39
of the Revised
Code, a completed form prescribed
pursuant to
division (C)(1) of
this section, and a set of
fingerprint
impressions obtained in
the manner described in
division (C)(2) of
this section, the
superintendent of the bureau
of criminal
identification and
investigation shall conduct a
criminal records
check in the
manner described in division (B) of
this section to
determine
whether any information exists that
indicates that the
person
who is the subject of the request
previously has been
convicted
of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the manner
described in division (B) of this section to
determine whether any
information exists that indicates that the
person who is the
subject of the request previously has been
convicted of or pleaded
guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a
violation of section 2905.04 of the
Revised Code as it existed
prior to July 1, 1996, a violation of
section 2919.23 of the
Revised Code that would have been a
violation of section 2905.04
of the Revised Code as it existed
prior to July 1, 1996, had the
violation been committed prior to
that date, a violation of
section 2925.11 of the Revised Code
that is not a minor drug
possession offense, two or more OVI or
OVUAC violations
committed within the three years immediately
preceding the
submission of the application or petition that is
the basis of the
request, or felonious sexual penetration in
violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt
of a request
pursuant to section 5104.012
or 5104.013 of the
Revised Code, a completed
form prescribed
pursuant to division
(C)(1) of this section, and a
set of
fingerprint impressions
obtained in the manner described in
division (C)(2) of this
section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check in the manner described in division (B) of
this section to
determine whether any information exists that
indicates that the
person who is the subject of the request has
been convicted of or
pleaded guilty
to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11,
2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section
2923.02 or 2923.03 of
the Revised Code that relates to a crime
specified in this
division,
or a second
violation of section 4511.19 of the
Revised Code
within five
years of the date of application for
licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1322.03,
1322.031, or 4763.05 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for a license, permit, or certification from the department of
commerce or a division in the department. The superintendent shall
conduct the criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following: a violation of section 2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised Code; any other
criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money
laundering, or drug trafficking, or any criminal offense involving
money or securities, as set forth in Chapters 2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the Revised Code; or any
existing or former law of this state, any other state, or the
United States that is substantially equivalent to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) Not later than thirty days after the date the
superintendent receives a request of a type described in
division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), or
(12) of this section, the completed form, and
the
fingerprint
impressions, the superintendent shall send the person,
board, or
entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as
appropriate. The superintendent shall send the person, board, or
entity that made the request a copy of the list of offenses
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), or (12) of this section, as appropriate. If the
request was made under section 3701.881 of the Revised Code with
regard to an applicant who may be both responsible for the care,
custody, or control of a child and involved in providing direct
care to an older adult, the superintendent shall provide a list of
the offenses specified in divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1322.03,
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4749.03, 4749.06,
4763.05, 5104.012, 5104.013, 5111.032,
5111.033, 5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the Revised Code, any
relevant information contained in records
that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be
reviewed any information the
superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071,
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form
that the superintendent
prescribes
pursuant to this division may
be in a tangible format,
in an
electronic format, or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39,
3701.881, 3712.09, 3721.121, 3722.151, 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the Revised
Code. Any
person for whom a
records check is requested under or required by any of
those
sections shall obtain the fingerprint impressions at a
county
sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071, 4730.101,
4730.14, 4730.28, 4731.081,
4731.15,
4731.171, 4731.222, 4731.281,
4731.296, 4731.531,
4732.091,
4734.202, 4740.061, 4741.10, 4749.03, 4749.06,
4755.70,
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the Revised
Code. The
person making a criminal records request
under
any of those sections shall pay the
fee
prescribed
pursuant to this division. A
person
making a
request
under
section 3701.881 of the Revised Code
for
a
criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay
one
fee for the
request. In
the
case of a request under section
5111.032 of the
Revised
Code,
the fee shall be paid in the
manner
specified in
that
section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this
section, or that indicates that
a person previously has been
convicted of or pleaded guilty to any
criminal offense in this
state or any other state regarding a
criminal records check of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
Sec. 2921.41. (A) No public official or party official
shall
commit any theft offense, as defined in division (K) of
section
2913.01 of the Revised Code, when either of the following
applies:
(1) The offender uses the offender's office in aid of
committing the
offense or permits or assents to its use in aid of
committing the
offense;
(2) The property or service involved is owned by this
state,
any other state, the United States, a county, a municipal
corporation, a township, or any political subdivision,
department,
or agency of any of them, is owned by a political
party, or is
part of a political campaign fund.
(B) Whoever violates this section is guilty of theft in
office. Except as otherwise provided in this division, theft in
office is a
felony of the fifth degree. If the value of property
or services stolen is
five hundred dollars or more and is less
than five thousand dollars, theft in
office is a felony of the
fourth degree. If the value of property or services
stolen is
five
thousand dollars or more, theft in office is a felony of
the
third
degree.
(C)(1) A public official or party official who is
convicted
of or pleads guilty to theft in office and whose
plea is accepted
by the court or a public official or party
official against whom
a verdict or finding of guilt for committing
theft in office is
returned is forever
disqualified
from holding
any public office,
employment, or
position of trust
in this state.
(2)(a) A court that imposes sentence for a violation of
this
section based on conduct described in division (A)(2) of
this
section shall require the public official or party official
who is
convicted of or pleads guilty to the offense to make
restitution
for all of the property or the service that is the
subject of the
offense, in addition to the term of imprisonment
and any fine
imposed. A court that imposes sentence for a
violation of this
section based on conduct described in division
(A)(1) of this
section and that determines at trial that this
state or a
political subdivision of this state if the offender is
a public
official, or a political party in the United States or
this state
if the offender is a party official, suffered actual
loss as a
result of the offense shall require the offender to
make
restitution to the state, political subdivision, or
political
party for all of the actual loss experienced, in
addition to the
term of imprisonment and any fine imposed.
(b)(i) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which the offender, at the time of the commission of the
offense
or at any other time, was a member of the public
employees
retirement system, the Ohio police and fire
pension fund, the
state teachers retirement system, the
school employees retirement
system, or the state highway patrol
retirement system; was an
electing employee, as defined in
section
3305.01 of the Revised
Code, participating in an alternative retirement plan
provided
pursuant to Chapter 3305. of the Revised Code; was a participating
employee or continuing
member, as defined in section 148.01 of the
Revised
Code, in a
deferred compensation program offered by the
Ohio public
employees deferred compensation board; was an officer
or
employee
of a municipal corporation who was a participant in a
deferred
compensation program offered by that municipal
corporation; was
an
officer or employee of a government unit, as
defined in section
148.06 of the Revised Code, who was a
participant in a
deferred
compensation program offered by that
government unit, or was a
participating employee, continuing
member, or participant in any
deferred compensation program
described in this division and a
member of a retirement system
specified in this division or a
retirement system of a municipal
corporation, the entity to which
restitution is to be made may
file a motion with the sentencing
court specifying any retirement
system, any provider as defined in
section 3305.01 of the Revised
Code, and any deferred
compansation
compensation program of which
the offender
was a member, electing
employee, participating
employee,
continuing member, or participant
and requesting the
court to
issue an order requiring the specified
retirement system,
the
specified
provider under the
alternative retirement plan, or
the
specified deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of these,
to
withhold the
amount
required as restitution from any payment
that
is to be made under
a pension, annuity, or allowance, under
an
option in the alternative
retirement plan, under a participant
account, as
defined in section 148.01 of the Revised Code, or
under
any other
type of benefit, other than a survivorship
benefit, that has been
or is in the future granted to the
offender, from any payment of
accumulated employee contributions
standing to the offender's
credit with that retirement system,
that provider
of the option under
the alternative retirement
plan,
or that deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of
these,
and
from any payment of
any other amounts to be paid to the
offender
upon the offender's withdrawal
of the offender's
contributions
pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of
the Revised Code. A motion described in this
division
may be filed
at any time subsequent to the conviction of
the
offender or entry
of a guilty plea. Upon the filing of
the
motion, the clerk of the
court in which the motion is filed
shall
notify the offender, the
specified retirement system, the
specified
provider under the
alternative
retirement plan, or the
specified deferred
compensation program, or, if more than
one is
specified in the
motion, the applicable combination of these,
in
writing, of all of
the
following: that the motion was filed; that
the offender will
be
granted a hearing on the issuance of the
requested order if the
offender files a written request for a
hearing with the clerk
prior to the expiration of thirty days
after the offender
receives
the notice; that, if a hearing is
requested, the court
will
schedule a hearing as soon as possible
and notify the
offender,
any specified retirement system, any
specified provider under an
alternative retirement plan, and any
specified
deferred
compensation program of the date, time, and
place of the
hearing;
that, if a hearing is conducted, it will be
limited only
to a
consideration of whether the offender can show
good cause
why the
requested order should not be issued; that, if
a hearing
is
conducted, the court will not issue the requested
order if the
court determines, based on evidence presented at the
hearing by
the offender, that there is good cause for the
requested order
not
to be issued; that the court will issue the
requested order
if a
hearing is not requested or if a hearing is
conducted but
the
court does not determine, based on evidence
presented at the
hearing by the offender, that there is good cause
for the
requested order not to be issued; and that, if the
requested
order
is issued, any retirement system, any provider
under an
alternative retirement plan, and any
deferred
compensation program
specified in the motion will be required to
withhold the amount
required as restitution from payments to the
offender.
(ii) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which a motion requesting the issuance of a withholding order
as
described in division (C)(2)(b)(i) of this section is filed,
the
offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the
expiration
of thirty days after the offender's receipt of the
notice provided
pursuant to division (C)(2)(b)(i) of this
section. If a request
for a hearing is made by the offender
within the prescribed time,
the court shall schedule a hearing as
soon as possible after the
request is made and shall notify the
offender, the specified
retirement system, the specified provider under the alternative
retirement plan, or the
specified deferred
compensation program,
or, if more than one is specified
in the motion, the
applicable
combination of these, of the date, time, and place of
the hearing.
A hearing scheduled
under this division shall be limited to a
consideration of
whether there is good cause, based on evidence
presented by the
offender, for the requested order not to be
issued. If the court
determines, based on evidence presented by
the offender, that
there is good cause for the order not to be
issued, the court
shall deny the motion and shall not issue the
requested order.
If the offender does not request a hearing
within the prescribed
time or if the court conducts a hearing but
does not determine,
based on evidence presented by the offender,
that there is good
cause for the order not to be issued, the court
shall order the
specified retirement system, the specified
provider under the alternative retirement plan, or the specified
deferred
compensation program, or, if more than one is specified
in the motion, the applicable
combination of these, to withhold
the amount required as restitution under division (C)(2)(a) of
this section from any payments to be made under a pension,
annuity, or allowance, under a participant account,
as defined in
section 148.01 of the Revised Code,
under an option in the
alternative retirement plan,
or under any other
type of
benefit,
other than a survivorship benefit, that has been or is
in the
future granted to the offender, from any payment of
accumulated
employee contributions standing to the offender's
credit with that
retirement system, that
provider under the alternative retirement
plan, or that deferred
compensation program, or, if more than one
is specified in the
motion, the applicable combination of these,
and from any payment of
any other amounts to be paid to the
offender upon the offender's withdrawal
of the offender's
contributions pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of the Revised Code, and to continue the
withholding for
that purpose, in accordance with the order, out
of each payment to
be made on or after the date of issuance of
the order, until
further order of the court. Upon receipt of an
order issued under
this division, the public employees retirement
system, the Ohio
police and
fire pension fund, the
state teachers retirement
system, the school employees retirement
system, the state highway
patrol retirement system, a municipal
corporation retirement
system, the
provider under the
alternative retirement plan, and
the deferred compensation
program offered by the Ohio public
employees deferred
compensation board, a municipal corporation, or
a government
unit, as defined in section 148.06 of the Revised
Code,
whichever
are applicable, shall withhold the amount required
as
restitution, in accordance with the order, from any such
payments
and immediately shall forward the amount withheld to the
clerk of
the court in which the order was issued for payment to
the entity
to which restitution is to be made.
(iii) Service of a notice required by division
(C)(2)(b)(i)
or (ii) of this section shall be effected in the
same manner as
provided in the Rules of Civil Procedure for the
service of
process.
(D) Upon the filing of charges against a person under this
section, the prosecutor, as defined in section 2935.01 of the
Revised Code, who is assigned the case shall send written notice
that charges have been filed against that person to the public
employees retirement system, the Ohio police and fire
pension
fund, the state teachers retirement system, the
school employees
retirement system, the state highway patrol
retirement system, the
provider
under an alternative
retirement plan, any municipal
corporation retirement system in
this state, and the deferred
compensation program offered by the
Ohio public employees deferred
compensation board, a municipal
corporation, or a government unit,
as defined in section
148.06 of the Revised Code. The written
notice shall specifically
identify the person charged.
Sec. 2925.01. As used in this chapter:
(A)
"Administer,"
"controlled substance,"
"dispense,"
"distribute,"
"hypodermic,"
"manufacturer,"
"official written
order,"
"person,"
"pharmacist,"
"pharmacy,"
"sale,"
"schedule I,"
"schedule II,"
"schedule III,"
"schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code.
(B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code.
(C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code.
(D)
"Bulk amount" of a controlled substance means any of
the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative;
(b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant;
(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid.
(E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual.
(F)
"Cultivate" includes planting, watering, fertilizing,
or
tilling.
(G)
"Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or
any
other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States.
(I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any
of the following:
(1) Any compound, mixture,
preparation,
or substance the gas,
fumes, or vapor of which when
inhaled can
induce intoxication,
excitement, giddiness,
irrational behavior,
depression,
stupefaction, paralysis,
unconsciousness,
asphyxiation, or other
harmful physiological
effects, and
includes, but is not limited
to, any of the
following:
(a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer.
(M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1)
"The National Formulary";
(2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the
state
board of pharmacy.
(N)
"Juvenile" means a person under eighteen years of age.
(O)
"Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label
bears,
a
trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises.
(Q)
"School" means any school operated by a board of
education, any community school established under Chapter 3314. of
the Revised Code, or any nonpublic school for which the state
board of education
prescribes minimum standards under section
3301.07 of the Revised
Code, whether or not any instruction,
extracurricular activities,
or training provided by the school is
being conducted at the time
a criminal offense is committed.
(R)
"School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or
leased
by a board of education of a school, the governing authority of a
community school established under Chapter 3314. of the Revised
Code, or the governing body
of a nonpublic school for which the
state board of education prescribes
minimum standards under
section 3301.07 of the Revised Code and
on
which some of the
instruction, extracurricular activities, or
training of the school
is conducted, whether or not any
instruction, extracurricular
activities, or training provided by
the school is being conducted
on the parcel of real property at
the time a criminal offense is
committed.
(S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio.
(U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio.
(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of
this
section and that qualifies a person as a professionally
licensed
person.
(W)
"Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect
under
Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter;
(5) A person licensed under
Chapter
4707. of the Revised
Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the
business
of a debt pooling company by a legislative authority,
under
authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's
license,
hair designer's license,
manicurist's license, esthetician's
license,
natural hair stylist's license, managing
cosmetologist's
license,
managing hair designer's license, managing manicurist's
license, managing
esthetician's
license,
managing natural hair
stylist's license, cosmetology
instructor's license,
hair design
instructor's license,
manicurist
instructor's license,
esthetics
instructor's
license,
natural hair style instructor's
license,
independent contractor's
license,
or tanning facility
permit under
Chapter 4713. of the
Revised
Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code;
(13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or
real
estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code;
(32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or
limited
permit
to practice respiratory therapy under Chapter 4761. of
the
Revised
Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of
the supreme court in compliance with its prescribed and published
rules.
(X)
"Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y)
"L.S.D." means
lysergic acid diethylamide.
(Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form.
(AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish.
(BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense.
(CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code.
(DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code.
(EE)
"Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree.
(FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code.
(GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use.
(HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
(JJ) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
(KK) "Lawful prescription" means a prescription that is
issued for a legitimate medical purpose by a licensed health
professional authorized to prescribe drugs, that is not altered or
forged, and that was not obtained by means of deception or by the
commission of any theft offense.
(LL) "Deception" and "theft offense" have the same meanings
as in section 2913.01 of the Revised Code.
Sec. 2925.03. (A) No person shall knowingly do any of the
following:
(1) Sell or offer to sell a
controlled substance;
(2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance, when the
offender knows or has reasonable cause to believe that the
controlled substance is intended for sale or resale by the
offender or another person.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct is in accordance with
Chapters 3719., 4715.,
4723., 4729., 4730., 4731., and
4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty
of one of the
following:
(1) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
I or
schedule II, with the exception of
marihuana, cocaine, L.S.D.,
heroin, and hashish,
whoever
violates division (A) of this section
is guilty of
aggravated trafficking in drugs. The penalty for the
offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), (e),
or (f) of this section, aggravated trafficking in drugs
is
a felony of the fourth degree,
and division (C) of section
2929.13 of the Revised Code applies in determining
whether
to
impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d),
(e), or (f) of
this section, if the offense was committed in the
vicinity of a school or in
the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the
third degree, and division
(C) of section 2929.13 of the Revised Code applies
in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, aggravated
trafficking in
drugs
is a felony of the third degree, and the court shall impose
as a
mandatory prison term one of the prison terms prescribed for
a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five times the bulk
amount but is less than
fifty times the bulk amount,
aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, aggravated trafficking in drugs is a
felony of the first
degree, and the court shall impose as a
mandatory prison term one
of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved equals or exceeds
fifty times the bulk amount but is less than one
hundred times
the
bulk amount and regardless of whether the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
aggravated trafficking in drugs is a felony of the
first degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved equals or exceeds
one
hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional prison
term prescribed for a major drug
offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
III, IV,
or V, whoever violates division
(A) of this section is guilty of
trafficking in
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
(d), or
(e) of
this section, trafficking in drugs is a felony of
the fifth degree, and
division (C) of section 2929.13 of the
Revised Code applies in determining
whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d),
or (e) of this section,
if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking
in drugs is
a felony of the fourth degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is
within that range and if the offense was committed in the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in drugs
is a felony of the third degree, and there
is a
presumption for a
prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five times the bulk
amount but is less than
fifty times the
bulk amount, trafficking
in drugs is a felony of the third degree, and there
is a
presumption
for a prison term for the offense. If the amount of
the drug
involved is within that range and if the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
trafficking in drugs is a felony of the second degree,
and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
fifty times the bulk
amount, trafficking in drugs is a felony of the second
degree, and
the
court shall impose as a mandatory prison term one of the
prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds fifty times the bulk
amount
and if the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in drugs is a
felony
of the first degree, and the court shall impose as a
mandatory
prison term one of the prison terms prescribed for a
felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish,
whoever violates division (A) of this section
is guilty
of trafficking in marihuana. The penalty for the
offense
shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13
of the Revised Code applies in determining
whether to impose a
prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d),
(e), (f), or
(g) of
this section, if the offense was committed in
the vicinity of
a school or in the vicinity of a juvenile,
trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
two hundred grams
but is less than one thousand
grams, trafficking in
marihuana is a
felony
of the fourth degree, and division (C) of section 2929.13
of the Revised Code
applies in determining whether
to impose a
prison term on the offender. If the amount of the drug
involved
is
within that range and if the offense was committed in
the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in
marihuana is a felony of the third degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
one thousand grams
but is less than five
thousand grams, trafficking in
marihuana is
a felony
of the third degree, and division (C) of section 2929.13
of the Revised Code
applies
in determining whether to impose a
prison term on the offender. If the amount
of the drug involved
is
within that range and if the offense was committed in the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in
marihuana is a felony of the second degree, and
there is a
presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five thousand grams
but is less than twenty
thousand grams, trafficking in
marihuana
is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the
drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
twenty thousand
grams, trafficking in marihuana is a felony of the second
degree,
and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds twenty thousand
grams and
if
the offense was committed in the vicinity of a school
or in the
vicinity of a juvenile, trafficking in marihuana is a
felony of
the first degree, and the court shall impose as a
mandatory
prison term the maximum prison term prescribed for a
felony of
the first degree.
(g) Except as otherwise provided in this division, if
the
offense involves a gift of twenty grams or less of
marihuana,
trafficking in marihuana is a minor misdemeanor upon
a first
offense and a misdemeanor of the third degree upon a
subsequent
offense. If the offense involves a gift of twenty
grams or less
of
marihuana and if the offense was committed in
the vicinity of a
school or in the vicinity of a juvenile,
trafficking in marihuana
is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a
compound,
mixture, preparation, or substance containing cocaine,
whoever violates
division (A) of this section is guilty
of
trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether
to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a
school or in the vicinity of a juvenile,
trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds five grams but is
less than
ten grams of
cocaine
that is not crack cocaine or equals
or exceeds one gram
but is less than five
grams of crack cocaine,
trafficking in cocaine is a felony of the
fourth degree, and there
is a presumption for a prison term for the
offense. If the amount
of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in cocaine is a felony
of the
third degree, and there is a presumption for a prison term
for the
offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten grams but is
less than
one hundred grams
of cocaine that is not crack cocaine
or
equals or exceeds five grams but is less than ten grams of
crack
cocaine, trafficking in
cocaine is a felony of
the third
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the third
degree.
If the amount of the drug involved is within one of those ranges
and
if the
offense was committed in the vicinity of a school or
in
the vicinity of a juvenile,
trafficking in cocaine is a
felony
of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the
second degree.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds one hundred grams
but is less
than five
hundred grams of cocaine that is not crack
cocaine or equals or exceeds ten grams
but is less than
twenty-five grams of crack
cocaine,
trafficking in cocaine is a
felony of
the second degree, and the court shall impose as a
mandatory
prison term one of the prison terms prescribed for a
felony of
the second degree. If the amount of the drug involved
is
within
one of those ranges and
if the offense was committed in
the
vicinity of a
school or in the vicinity of a juvenile,
trafficking
in
cocaine
is a felony of the first degree, and the
court shall
impose as a
mandatory prison term one of the prison
terms
prescribed for a
felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
five
hundred grams but is less than one thousand
grams
of cocaine
that
is not crack cocaine or equals or
exceeds twenty-five grams
but is
less than one hundred grams of crack
cocaine and
regardless
of
whether the
offense was committed in the vicinity of a school
or
in the vicinity of a
juvenile,
trafficking in
cocaine is a
felony
of the first degree, and the court shall
impose as a
mandatory
prison term one of the prison terms
prescribed for a
felony of the
first degree.
(g) If the amount of the drug involved equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals or
exceeds one
hundred grams of crack cocaine
and regardless of
whether the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in cocaine
is a felony
of the first degree, the offender is a major drug
offender,
and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a
compound, mixture, preparation, or substance containing
L.S.D.,
whoever violates division
(A) of this section is guilty of
trafficking in
L.S.D. The penalty for the offense
shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether
to impose a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
ten unit doses but
is less than fifty unit doses
of L.S.D. in a solid form or equals
or exceeds one gram
but is less than five grams of L.S.D. in a
liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there
is a presumption for a prison term for the offense. If
the amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
fifty unit doses but
is less than two hundred
fifty unit doses
of L.S.D. in a solid
form or equals or exceeds five grams
but is less than twenty-five
grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid
distillate form,
trafficking
in
L.S.D. is a felony of the third
degree,
and the court shall impose as a mandatory prison term one
of the
prison terms prescribed for a felony of the third degree.
If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
second degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the second
degree.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
two hundred fifty
unit doses but is less than
one thousand
unit doses
of L.S.D. in a
solid form or equals or exceeds twenty-five
grams but
is less than
one hundred grams of L.S.D. in a
liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a
felony of the second degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the second degree. If
the amount of the drug involved
is
within that range and if the
offense was committed in the
vicinity
of a school or in the
vicinity of a juvenile, trafficking
in
L.S.D. is a felony of the first degree,
and the court shall
impose
as a mandatory prison term one of the
prison terms
prescribed for
a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand unit doses but is less than five
thousand unit
doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of L.S.D. in a
liquid
concentrate,
liquid extract, or liquid distillate form
and regardless of
whether the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in
L.S.D. is a felony
of the
first degree, and the court shall impose as a mandatory
prison
term one of the prison terms prescribed for a felony of the
first
degree.
(g) If the amount of the drug involved equals or exceeds
five
thousand unit doses
of L.S.D. in a solid form or equals or
exceeds
five
hundred grams of
L.S.D. in a liquid concentrate,
liquid
extract, or
liquid
distillate form
and regardless of
whether the
offense was committed
in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in
L.S.D. is
a
felony
of the
first degree, the offender is a major drug
offender, and
the court
shall impose as a
mandatory prison term the maximum
prison term
prescribed for a
felony of the first degree and may
impose an
additional mandatory
prison term prescribed for a major
drug
offender under
division (D)(3)(b) of section 2929.14 of
the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c),
(d),
(e), (f), or (g) of this section,
trafficking in heroin is a
felony of the fifth degree, and division
(C) of section 2929.13 of
the Revised Code applies in determining whether to
impose
a prison
term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d),
(e),
(f), or (g) of this section, if the offense was committed
in
the vicinity
of a school
or in the vicinity of a juvenile,
trafficking in heroin is a
felony of the fourth degree, and
division (C) of section 2929.13 of the
Revised Code
applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten unit doses but
is less than
fifty unit doses or equals or exceeds
one gram but is
less than five grams,
trafficking in heroin is a felony of
the
fourth degree,
and there is a presumption for a prison term for
the offense. If
the amount of the drug involved is within that
range and if the
offense was committed in the vicinity of a school
or in the
vicinity of a juvenile, trafficking in heroin is a
felony of the
third degree, and there is a presumption for a
prison term for
the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds fifty unit doses but
is less than
one hundred unit doses or equals or exceeds five
grams but is less than ten grams, trafficking in
heroin is a
felony of the
third degree,
and there is a presumption for a
prison term for the offense.
If the amount of the drug involved
is within that range and if
the offense was committed in the
vicinity of a school or in the
vicinity of a juvenile, trafficking
in heroin is a felony of the
second degree, and there is a
presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds one hundred unit
doses but is less
than five hundred unit doses or equals or
exceeds
ten grams but is less than fifty grams,
trafficking in
heroin is a felony
of the second degree,
and the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the second degree. If
the amount of
the
drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in heroin is a felony of the
first degree,
and the court shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved equals or exceeds
five
hundred unit
doses but is less than two thousand five hundred
unit
doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams and regardless of
whether the offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
heroin is a felony of the first degree,
and the court shall
impose as a mandatory prison term one of the
prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in
heroin is a felony of the first
degree, the
offender is a major drug offender,
and the court shall impose as a
mandatory prison term the
maximum prison term prescribed for a
felony of the first degree
and may impose an additional mandatory
prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f) of this section,
trafficking in hashish is a
felony of the fifth degree, and division
(C) of section 2929.13 of
the Revised Code applies in determining whether to
impose
a prison
term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d),
(e), or (f)
of this section, if the offense was committed in the
vicinity
of a
school or in the vicinity of a juvenile, trafficking
in hashish
is a felony of the fourth degree, and division (C) of
section 2929.13
of the Revised Code applies in determining whether
to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten grams but is
less than
fifty grams of
hashish in a solid form or equals or
exceeds two grams but is less
than ten grams of
hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If
the amount of
the drug involved is within that range
and if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in hashish is a felony
of the
third degree, and division (C) of section 2929.13 of the Revised
Code
applies
in determining whether to impose a prison term on the
offender.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds fifty grams but is
less
than two hundred fifty
grams of hashish in a solid form or
equals or exceeds ten grams but
is less than
fifty grams of
hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third
degree, and division (C) of section 2929.13 of the Revised Code
applies
in
determining whether to impose a prison term on the
offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in
the vicinity of a juvenile, trafficking in hashish is a felony
of
the second degree, and
there is a presumption that a prison term
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds two hundred fifty
grams but
is less than one
thousand grams of hashish in a solid
form or equals or exceeds fifty
grams but is less than two hundred
grams of hashish in a liquid
concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the
third degree, and there is a presumption that a prison term shall
be
imposed for the offense. If the amount of the drug involved is
within
that range and if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in
hashish
is a felony of the second degree, and there is a
presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
one thousand grams
of hashish in a solid form or equals or exceeds two
hundred grams
of
hashish in a liquid concentrate, liquid extract, or liquid
distillate form,
trafficking in
hashish is a felony of the second
degree, and the court shall
impose as a mandatory prison term the
maximum prison term
prescribed for a felony of the second degree.
If the amount of the drug
involved
is within that range
and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the
first degree,
and the court shall impose as a mandatory prison
term the maximum
prison term prescribed for a felony of the first
degree.
(D) In addition to any prison term authorized
or required by
division (C) of this section and sections
2929.13 and 2929.14 of
the Revised Code, and in
addition to any other sanction imposed
for the offense under this
section or sections 2929.11 to 2929.18
of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of
this section shall do all of the following that
are applicable
regarding the offender:
(1) If the violation of division (A) of this
section is a
felony of the first, second, or third degree, the
court shall
impose upon the offender the mandatory fine specified
for the
offense under division (B)(1) of section 2929.18
of the Revised
Code unless, as specified in that
division, the court determines
that the offender is indigent. Except as
otherwise provided in
division (H)(1) of this section, a
mandatory fine or any other
fine imposed for a violation of this
section is subject to
division (F) of this
section. If a person is charged with a
violation of this section
that is a felony of the first, second,
or third degree, posts
bail, and forfeits the bail, the clerk of
the court shall pay the
forfeited bail
pursuant to divisions
(D)(1) and
(F) of this section, as if the forfeited bail was a
fine
imposed for a violation of this section. If any amount of
the
forfeited bail
remains after that payment and if a fine is
imposed
under division (H)(1) of
this section, the clerk of the
court
shall pay the remaining amount of the
forfeited bail
pursuant to
divisions (H)(2) and (3) of this section, as if
that
remaining
amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall
suspend the driver's or
commercial
driver's license or permit of the offender in
accordance with
division (G) of this section.
(3) If the offender is a professionally licensed person,
the
court
immediately shall comply with section 2925.38 of
the
Revised
Code.
(E) When a person is charged with the
sale of or offer to
sell a bulk amount
or a multiple of a bulk amount of a controlled
substance, the jury, or the
court trying the
accused, shall
determine the amount of the controlled substance
involved at the
time of the offense and, if a guilty verdict is
returned, shall
return the findings as part of the verdict. In
any such case, it
is unnecessary to find and return the exact
amount of the
controlled substance involved, and it is sufficient if the
finding
and return is to the effect that the amount of the
controlled
substance involved is the requisite
amount, or that the amount of
the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H)
of this
section, the clerk of the court shall pay any mandatory
fine imposed pursuant
to division (D)(1) of this section and any
fine other than a
mandatory fine that is imposed for
a violation
of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal
corporation, park district, as
created pursuant to section 511.18
or 1545.04 of the Revised
Code, or state law enforcement agencies
in this state that
primarily were responsible for or involved in
making the arrest
of, and in prosecuting, the offender. However,
the clerk shall not
pay a mandatory fine
so imposed to a law
enforcement agency unless the
agency has adopted a written
internal control policy under
division (F)(2) of this section that
addresses the use of
the
fine moneys that it receives. Each
agency
shall use
the mandatory fines so paid to subsidize the
agency's
law enforcement
efforts that
pertain to drug offenses, in
accordance with the written internal
control policy adopted by the
recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B) of section 2925.42 of
the
Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those
fine moneys, the general types of expenditures made out of
those
fine moneys, and the specific amount of each general type
of
expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of
expenditure by an agency are public records open for
inspection
under section 149.43 of the Revised Code.
Additionally, a written
internal control policy adopted under
this division is such a
public record, and the agency that
adopted it shall comply with
it.
(b) Each law enforcement agency that receives in any
calendar
year any fine moneys under division (F)(1) of this
section or
division (B) of section 2925.42 of the Revised Code
shall prepare
a report covering the calendar year that cumulates
all of the
information contained in all of the public financial
records kept
by the agency pursuant to division (F)(2)(a) of this
section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general. Each report received by the attorney
general is a public
record open for inspection under section
149.43 of the Revised
Code. Not later than the fifteenth
day of
April in the calendar
year in which the reports
are received, the
attorney general shall
send
to the president of the senate
and the
speaker of the house
of representatives
a written notification
that does all of the
following:
(i) Indicates that the attorney general has received from
law
enforcement agencies reports of the type described in this
division that
cover
the previous
calendar year and indicates that
the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under
section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy
of any or all of the reports to the
president of the senate
or the
speaker of the house of
representatives upon request.
(3) As used in division
(F) of this section:
(a)
"Law enforcement agencies" includes, but is not
limited
to, the state board of pharmacy and the office of a
prosecutor.
(b)
"Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(G) When required under division
(D)(2) of
this section
or
any other provision of this chapter, the court
shall suspend for
not less than six months
or
more than five years the driver's or
commercial driver's license
or permit
of any person who is
convicted of or pleads guilty to
any
violation of this section
or
any other specified
provision of this chapter. If an offender's
driver's or
commercial driver's license or permit is
suspended
pursuant to this
division,
the offender, at any time after the
expiration of two years from
the day on which the offender's
sentence was imposed or from the
day on
which the offender finally
was released from a
prison
term under the
sentence, whichever is
later, may file a motion with the
sentencing court requesting
termination of the
suspension; upon
the filing of such
a motion
and the court's finding of good cause
for the
termination, the
court may terminate the
suspension.
(H)(1) In addition to any prison term
authorized or required
by division (C) of this section and
sections 2929.13 and 2929.14
of the
Revised Code, in addition to any other
penalty or sanction
imposed for the offense under this section
or sections 2929.11 to
2929.18 of the
Revised Code, and in addition to the
forfeiture of
property in connection with the offense as
prescribed in Chapter
2981. of the
Revised Code, the court that sentences
an offender
who is convicted of or pleads guilty to a violation
of
division
(A) of this section may impose upon the offender an
additional
fine specified for the offense in
division (B)(4) of
section
2929.18 of the Revised Code. A fine imposed under
division (H)(1)
of this section
is not subject to division (F) of
this section and
shall
be used solely for the support of one or
more eligible
alcohol
and drug addiction programs in accordance
with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of
this section shall
specify in the judgment that imposes the fine
one or more
eligible alcohol and drug addiction programs for the
support of
which the fine money is to be used. No alcohol and
drug
addiction program shall receive or use money paid or
collected
in
satisfaction of a fine imposed under division
(H)(1)
of this
section unless
the program is specified in the judgment
that
imposes the fine.
No alcohol and drug addiction program
shall be
specified in the
judgment unless the program is an
eligible
alcohol and drug
addiction program and, except as
otherwise
provided in division
(H)(2) of this section, unless
the
program is
located in the county in which the court that
imposes
the fine is
located or in a county that is immediately
contiguous
to the
county in which that court is located. If no
eligible
alcohol and
drug addiction program is located in any
of those
counties, the
judgment may specify an eligible alcohol
and drug
addiction
program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the court
shall pay any
fine
imposed under division
(H)(1) of this section to the eligible
alcohol and drug addiction
program specified pursuant to division
(H)(2) of this section in the
judgment. The eligible alcohol and
drug addiction program that receives the
fine moneys shall use the
moneys only for the
alcohol and drug addiction services identified
in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section
3793.11 of the Revised Code filed with
the department of alcohol
and drug addiction services by the alcohol and drug
addiction
program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in
a calendar year any fine moneys under division
(H)(3) of this
section shall
file an annual report covering that calendar year
with the court
of common pleas and the board of county
commissioners of the
county in which the program is located, with
the court of common pleas and the
board of county commissioners of
each county from which the program received
the moneys if that
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug
addiction
program shall file the report no later than the first
day of March in
the calendar year
following the calendar year in
which the program received the
fine moneys. The report shall
include statistics on the number
of persons served by the alcohol
and drug addiction program,
identify the types of alcohol and drug
addiction services
provided to those persons, and include a
specific accounting of
the purposes for which the fine moneys
received were used. No
information contained in the report shall
identify, or enable a
person to determine the identity of, any
person served by the
alcohol and drug addiction program. Each
report received by a
court of common pleas, a board of county
commissioners, or the
attorney general is a public record open for
inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a)
"Alcohol and drug addiction
program" and
"alcohol and
drug addiction services" have the same
meanings as in section
3793.01 of the Revised Code.
(b)
"Eligible alcohol and drug
addiction program" means an
alcohol and drug addiction program
that is certified under section
3793.06 of the
Revised Code or licensed under section
3793.11 of
the Revised Code by the department of
alcohol and drug addiction
services.
(I) As used in this section, "drug" includes any substance
that is represented to be a drug.
Sec. 2925.11. (A) No person shall knowingly obtain,
possess,
or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct was in accordance
with Chapters 3719.,
4715., 4723., 4729., 4730., 4731.,
and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance
pursuant
to a lawful prescription issued by a licensed health
professional
authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of
one of the following:
(1) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule I or II,
with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and
hashish, whoever violates division (A) of
this section is guilty
of aggravated possession of drugs. The
penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), or (e) of
this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds
five
times the bulk amount but is less than
fifty times the
bulk
amount, aggravated possession of drugs is a felony of the
second
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the
second degree.
(d) If the amount of the drug involved equals or exceeds
fifty times
the bulk amount
but is less than one hundred times the
bulk
amount, aggravated possession
of drugs is a felony of the
first degree, and the court shall impose as a
mandatory prison
term one of the prison terms prescribed for a felony of the
first
degree.
(e) If the amount of the drug involved equals or exceeds one
hundred
times the bulk
amount, aggravated possession of drugs is a
felony of the first degree, the
offender is a major drug offender,
and
the court shall impose as a mandatory prison term the maximum
prison term
prescribed for a felony of the first degree and may
impose an additional
mandatory prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule III, IV,
or V,
whoever violates division (A) of this section is
guilty of
possession of
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
or (d) of this section,
possession of drugs is a misdemeanor of
the third first degree or, if the offender previously
has been
convicted
of a drug abuse offense, a misdemeanor of the
second
felony of the fifth
degree. If
the drug involved in the
violation
is an anabolic
steroid included
in schedule III and if
the
offense is a
misdemeanor of the third
degree under this
division,
in lieu of
sentencing the offender to
a term of
imprisonment in a
detention
facility, the court may
place the
offender
under a
community
control sanction, as defined in section
2929.01 of the
Revised
Code, that requires the offender to perform
supervised
community
service work pursuant to
division
(B) of
section
2951.02 of the
Revised
Code.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to
impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds
five
times the bulk amount but is less than
fifty times the
bulk
amount, possession of drugs is a felony of the third degree,
and
there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender
as
a mandatory prison term one of the prison terms prescribed for
a
felony of the second degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish, whoever violates
division (A) of this
section
is guilty of possession of marihuana. The penalty for
the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e), or
(f) of this section, possession of marihuana is a
minor
misdemeanor.
(b) If the amount of the drug involved equals
or exceeds one
hundred grams but is less than
two hundred
grams, possession of
marihuana is a misdemeanor of the fourth
degree.
(c) If the amount of the drug involved equals or exceeds
two
hundred grams but is less than one thousand
grams,
possession of
marihuana is a felony of the fifth degree, and
division (B) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
one
thousand grams but is less than five
thousand grams,
possession of
marihuana is a felony of the third degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(e) If the amount of the drug involved equals or exceeds
five
thousand grams but is less than twenty
thousand grams,
possession
of marihuana is a felony of the third degree, and
there
is a
presumption that a prison term shall be imposed for
the
offense.
(f) If the amount of the drug involved equals or exceeds
twenty thousand grams, possession of marihuana is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the
second
degree.
(4) If the drug involved in
the violation is cocaine or a
compound, mixture, preparation, or substance
containing cocaine,
whoever violates division (A)
of this section is guilty of
possession of cocaine. The penalty
for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, possession of cocaine is a
felony of the
fifth degree, and division (B) of section 2929.13 of
the Revised Code
applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
five
grams but is less than twenty-five grams of
cocaine that is
not
crack
cocaine or equals or exceeds one gram but is less than
five
grams
of crack cocaine, possession of
cocaine is a felony of
the
fourth degree, and there is a
presumption for a prison term
for
the offense.
(c) If the amount of the drug involved equals or exceeds
twenty-five grams but is less than one hundred
grams
of cocaine
that is not crack cocaine or equals or
exceeds five grams but is
less than ten grams of crack cocaine,
possession of
cocaine is a
felony of the third degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the third degree.
(d) If the amount of the drug involved equals or exceeds
one
hundred grams but is less than five hundred
grams
of cocaine that
is not crack cocaine or equals or
exceeds ten grams but is less
than twenty-five grams of crack cocaine,
possession
of
cocaine is
a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five
hundred grams but is less than one thousand
grams
of cocaine
that
is not crack cocaine or
equals or exceeds twenty-five grams
but
is
less than one hundred grams of crack cocaine,
possession of
cocaine is a felony of the first degree, and the
court shall
impose as a mandatory prison term one of the prison
terms
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals or
exceeds one
hundred grams of crack cocaine, possession of cocaine
is a felony of
the first degree, the offender is a major drug
offender, and the
court shall impose as a mandatory prison
term
the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of
section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D., whoever
violates division
(A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall
be determined as
follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), or (f) of this section, possession of L.S.D. is a
felony
of the fifth degree, and division (B) of section 2929.13 of the
Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten
unit doses
but is less than fifty unit doses
of L.S.D. in a solid
form or equals or exceeds one gram
but is less than five grams of
L.S.D.
in a liquid concentrate, liquid extract, or liquid
distillate
form, possession of
L.S.D. is a felony of the fourth
degree,
and division (C) of section 2929.13 of the Revised Code
applies in determining
whether to impose a prison term on the
offender.
(c) If the amount of
L.S.D. involved equals or exceeds fifty
unit doses,
but is less than two hundred fifty unit doses
of
L.S.D. in a solid form or equals or exceeds five grams
but is less
than twenty-five grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the third degree, and there is a
presumption for a
prison term for the offense.
(d) If the amount of
L.S.D. involved equals or exceeds two
hundred fifty
unit doses but is less than one thousand unit
doses
of L.S.D. in a solid form or equals or exceeds twenty-five
grams
but is less than one hundred grams of
L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
possession
of L.S.D. is a felony of the
second degree, and the court shall
impose as a mandatory prison
term one of the prison terms
prescribed for a felony of the
second degree.
(e) If the amount of
L.S.D. involved equals or exceeds one
thousand unit
doses but is less than five thousand unit doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of
L.S.D.
in a liquid concentrate,
liquid extract, or liquid distillate
form, possession of L.S.D. is
a felony of the first degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the first degree.
(f) If the amount of
L.S.D. involved equals or exceeds five
thousand
unit doses
of L.S.D. in a solid form or equals or exceeds
five
hundred grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional mandatory
prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(6)(b), (c),
(d), (e), or
(f) of this section, possession of heroin is a felony
of the fifth
degree, and division (B) of section 2929.13 of the
Revised Code applies in
determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds ten
unit doses
but is less than fifty unit doses or equals or exceeds
one gram but is less than five grams, possession
of heroin is
a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on
the offender.
(c) If the amount of the drug involved equals or exceeds
fifty unit doses
but is less than one hundred unit doses or equals
or exceeds
five grams but is less than ten grams,
possession of
heroin is
a felony of the third degree, and there is a presumption
for a
prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one
hundred unit
doses but is less than five hundred unit doses or
equals or exceeds
ten grams but is less than fifty grams,
possession of heroin
is a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five
hundred unit
doses but is less than two thousand five hundred
unit
doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams,
possession of heroin is a felony of the first
degree, and the
court shall impose as a mandatory prison term one
of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams, possession of heroin is a felony of the
first degree,
the offender is a major drug offender, and the
court shall impose
as a mandatory prison
term the maximum prison term prescribed for
a felony of the first
degree and may impose an additional
mandatory prison term
prescribed for a major drug offender under
division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f) of this section, possession of hashish is a minor
misdemeanor.
(b) If the amount of the drug involved equals or exceeds
five
grams but is less than ten grams of hashish
in a solid form
or
equals
or exceeds one gram but is less than two grams
of
hashish
in a liquid
concentrate, liquid extract, or liquid
distillate
form, possession of
hashish is a misdemeanor of the
fourth degree.
(c) If the amount of the drug involved equals or exceeds
ten
grams but is less than fifty grams of
hashish in a solid form or
equals or
exceeds two grams but is less than ten grams of
hashish
in a liquid
concentrate, liquid extract, or liquid distillate
form,
possession of hashish is a felony of the fifth degree, and
division
(B) of section 2929.13 of the Revised Code applies in
determining whether to
impose
a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
fifty grams but is less than two hundred fifty
grams of hashish in
a solid
form or equals or exceeds ten grams but is
less than fifty
grams of hashish in a
liquid concentrate, liquid extract, or
liquid distillate form,
possession of hashish is a felony of the
third degree, and division
(C) of section 2929.13 of the Revised
Code applies in determining whether to impose
a prison term on the
offender.
(e) If the amount of the drug involved equals or exceeds
two
hundred fifty grams but is less than one
thousand grams of hashish
in a
solid form or equals or exceeds fifty grams but
is less than
two hundred grams of
hashish in a liquid concentrate, liquid
extract, or liquid distillate form,
possession of hashish is a
felony of the third degree, and there is a
presumption that a
prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of hashish in a solid form or equals or exceeds two
hundred grams of
hashish in a liquid concentrate, liquid extract,
or liquid distillate form,
possession of hashish is a felony of
the
second degree, and the court shall impose as a mandatory
prison
term the maximum prison term prescribed for a felony of the
second
degree.
(D) Arrest or conviction for a minor misdemeanor violation
of
this section does not constitute a criminal record and need
not
be
reported by the person so arrested or convicted in
response to
any
inquiries about the person's criminal record,
including any
inquiries contained in any application for
employment, license, or
other right or privilege, or made in
connection with the person's
appearance as a witness.
(E) In addition to any prison term
or jail term authorized
or
required by
division (C) of this section and sections
2929.13,
2929.14, 2929.22, 2929.24, and 2929.25 of
the Revised Code
and in
addition to any other sanction that is
imposed for the
offense
under this section, sections 2929.11 to
2929.18, or
sections
2929.21 to 2929.28 of
the
Revised Code, the court that
sentences
an
offender
who is convicted of or pleads guilty to a
violation of
division
(A) of this section shall do all of the
following that
are
applicable regarding the offender:
(1)(a) If the violation is a felony of the
first, second, or
third degree, the court shall impose upon the
offender the
mandatory fine specified for the offense under
division (B)(1) of
section 2929.18 of the Revised
Code unless, as specified in that
division, the court
determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the
court shall pay a
mandatory
fine or other fine
imposed for a violation of this
section
pursuant to division (A) of section
2929.18 of the Revised
Code in
accordance with and subject to the requirements
of
division (F) of
section 2925.03 of the Revised Code. The agency
that
receives the
fine shall use the fine as specified in division
(F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section
that is a felony
of the first, second, or third degree, posts
bail, and forfeits the bail, the
clerk shall pay the forfeited
bail pursuant to division
(E)(1)(b) of this section as if it were
a mandatory fine
imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or
more than five
years the
offender's driver's or commercial
driver's license
or permit.
(3) If the offender is a professionally licensed person, in
addition to any other sanction imposed
for
a violation of this
section, the court
immediately
shall comply with section
2925.38
of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that
gave
rise
to the charge is in an
amount, is in a form, is
prepared, compounded, or mixed with substances that
are
not
controlled substances in a manner, or is possessed
under any
other
circumstances, that indicate that the substance was possessed
solely for
personal use.
Notwithstanding any contrary provision
of this section, if, in accordance
with section 2901.05 of the
Revised Code, an accused who is charged with a
fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this
section
sustains the burden of going forward with evidence of and
establishes by a
preponderance of the evidence the affirmative
defense described in this
division, the accused may be prosecuted
for and may plead guilty to or be
convicted of a misdemeanor
violation of division (C)(2) of this
section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount
or
multiple of a bulk amount, division (E) of section 2925.03 of
the
Revised Code
applies regarding the determination of the amount
of
the controlled substance
involved at the time of the offense.
Sec. 2925.22. (A) No person, by deception, as defined in
section 2913.01 of the Revised Code, shall procure the
administration of, a prescription for, or the dispensing of, a
dangerous drug or shall possess an uncompleted preprinted
prescription
blank used for writing a prescription for a dangerous
drug.
(B) Whoever violates this section is guilty of deception
to
obtain a dangerous drug. The penalty for the offense shall be
determined
as follows:
(1) If the person possesses an uncompleted preprinted
prescription blank used for writing a prescription for a dangerous
drug or if the drug involved is a dangerous drug, except as
otherwise provided in division (B)(2) or (3) of this section,
deception to obtain a dangerous drug is a felony of the fifth
degree or, if the offender previously has been convicted of or
pleaded guilty to a drug abuse offense, a felony of the fourth
degree. Division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender pursuant to this division.
(2) If the drug involved is a compound, mixture,
preparation,
or substance included in schedule I or II, with the
exception of
marihuana, the penalty for deception to obtain drugs is one of the
following:
(a) Except as otherwise provided in division (B)(2)(b), (c),
or (d) of this section, it is a felony of
the fourth degree, and
division
(C) of section 2929.13 of the
Revised Code applies in
determining whether to
impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds the
bulk amount but is less than five times the bulk amount, or if the
amount of the drug involved that could be obtained pursuant to the
prescription would equal or exceed the bulk amount but would be
less than five times the bulk amount, it is a felony of the third
degree, and there is a presumption for a prison term for the
offense.
(c) If the amount of the drug involved equals or exceeds five
times the bulk amount but is less than fifty times the bulk
amount, or if the amount of the drug involved that could be
obtained pursuant to the prescription would equal or exceed five
times the bulk amount but would be less than fifty times the bulk
amount, it is a felony of the second degree, and there is a
presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, or if the amount of the drug involved
that could be obtained pursuant to the prescription would equal or
exceed fifty times the bulk amount, it is a felony of the first
degree, and there is a presumption for a prison term for the
offense.
(2)(3) If the drug involved is a dangerous drug or a
compound,
mixture,
preparation, or substance included in schedule
III, IV,
or V or is marihuana, the penalty for
deception to obtain
a dangerous drug is one of the following:
(a) Except as otherwise provided in division (B)(3)(b), (c),
or (d) of this section it is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in
determining
whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds the
bulk amount but is less than five times the bulk amount, or if the
amount of the drug involved that could be obtained pursuant to the
prescription would equal or exceed the bulk amount but would be
less than five times the bulk amount, it is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.
(c) If the amount of the drug involved equals or exceeds five
times the bulk amount but is less than fifty times the bulk
amount, or if the amount of the drug involved that could be
obtained pursuant to the prescription would equal or exceed five
times the bulk amount but would be less than fifty times the bulk
amount, it is a felony of the third degree, and there is a
presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, or if the amount of the drug involved
that could be obtained pursuant to the prescription would equal or
exceed fifty times the bulk amount, it is a felony of the second
degree, and there is a presumption for a prison term for the
offense.
(C) In addition to any prison term authorized or required by
division (B) of
this section and sections 2929.13 and 2929.14 of
the Revised Code and in
addition to any other sanction imposed for
the offense under this section or
sections 2929.11 to 2929.18 of
the Revised Code, the court that sentences an
offender who is
convicted of or pleads guilty to a violation
of division (A) of
this section shall do both of the following:
(1) The court shall suspend for not less
than six months or
more than five years
the
offender's driver's or
commercial
driver's license or permit.
(2) If the offender is a professionally licensed person, in
addition to any other
sanction imposed for a violation of this
section, the court
immediately shall comply with section
2925.38
of the
Revised Code.
(D) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the court shall pay a
fine
imposed for a
violation of this
section pursuant to division
(A)
of section 2929.18 of the Revised Code in
accordance with and
subject to the requirements of division (F) of
section 2925.03 of
the Revised Code. The agency that receives the fine shall
use the
fine as
specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2953.32. (A)(1) Except as provided in section
2953.61
of the Revised Code, a first offender may apply to the
sentencing
court if convicted in this state, or to a court of
common pleas if
convicted in another state or in a federal court,
for the sealing
of the conviction record. Application
may be made at the
expiration of three years after the offender's final discharge if
convicted of a felony, or at the expiration of one year after the
offender's
final discharge if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture may apply to the
court in which the misdemeanor criminal case was pending when
bail
was forfeited for the sealing of the record of the
case. Except
as
provided in section 2953.61 of the Revised Code, the
application
may be filed at any time after the expiration of one
year from the
date on which the bail forfeiture was entered upon
the minutes of
the court or the journal, whichever entry occurs
first.
(B) Upon the filing of an application under this section,
the
court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by
filing
an objection with the court prior to the date set for the
hearing.
The prosecutor shall specify in the objection the
reasons for
believing a denial of the application is
justified.
The court
shall direct its regular probation officer, a state
probation
officer, or the department of probation of the county
in which the
applicant resides to make inquiries and written
reports as the
court requires concerning the applicant.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is a first offender or
whether the forfeiture of bail was agreed to by the applicant and
the prosecutor in the case. If the applicant applies as a
first
offender pursuant to division (A)(1) of this section and has
two
or three convictions that result from the same indictment,
information, or
complaint, from the same plea of guilty, or from
the same official proceeding,
and result from related criminal
acts that were committed within a three-month
period but do not
result from the same act or from offenses committed at the
same
time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two
or three convictions to be counted as one conviction.
If the court determines
that it is not in the public interest for
the two or three convictions to be
counted as one conviction, the
court shall determine that the applicant is not
a first offender;
if the court does not make that determination, the court
shall
determine that the offender is a first offender.
(b) Determine whether criminal proceedings are pending
against the applicant;
(c) If the applicant is a first offender who applies
pursuant
to division (A)(1) of this section, determine whether
the
applicant has been rehabilitated to the satisfaction of the
court;
(d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction sealed against
the
legitimate needs, if any, of the government to maintain those
records.
(2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is a first offender or
the subject of a bail forfeiture, that no criminal proceeding is
pending against the applicant, and that the interests of the
applicant in
having the records pertaining to the applicant's
conviction or bail
forfeiture sealed are not outweighed by any
legitimate
governmental needs to maintain those records, and that
the
rehabilitation of an applicant who is a first offender
applying
pursuant to division (A)(1) of this section has been
attained to
the satisfaction of the court, the court, except as
provided in
division (G) of this section, shall order all official
records
pertaining to the case sealed and, except as provided in
division
(F) of this section, all index references to the case
deleted
and, in the case of bail forfeitures, shall dismiss the
charges
in the case. The proceedings in the case shall be
considered not
to have occurred and the conviction or bail
forfeiture of the
person who is the subject of the proceedings
shall be sealed,
except that upon conviction of a subsequent
offense, the sealed
record of prior conviction or bail forfeiture
may be considered
by the court in determining the sentence or
other appropriate
disposition, including the relief provided for
in sections
2953.31 to 2953.33 of the Revised Code.
(3) Upon the filing of an application under this section,
the
applicant, unless indigent, shall pay a fee of
fifty
dollars.
The
court shall pay thirty dollars of the fee into the
state
treasury.
It shall pay twenty dollars of the fee into the
county
general
revenue fund if the sealed conviction or bail
forfeiture
was
pursuant to a state statute, or into the general
revenue fund
of
the municipal corporation involved if the sealed
conviction or
bail forfeiture was pursuant to a municipal
ordinance.
(D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes:
(1) By a law enforcement officer or prosecutor, or
the
assistants of either,
to determine whether the nature and
character of
the offense with which a person is to be charged
would be
affected by virtue of the person's previously having been
convicted of a crime;
(2) By the parole or probation officer of the person who
is
the subject of the records, for the exclusive use of the
officer
in supervising the person while on parole or
under a
community
control sanction or a post-release control sanction, and
in making
inquiries and written reports as
requested by the court
or adult
parole authority;
(3) Upon application by the person who is the subject of
the
records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's
assistants,
to determine a defendant's eligibility to enter a
pre-trial
diversion program established pursuant to section
2935.36 of the
Revised Code;
(6) By any law enforcement agency or any authorized
employee
of a law enforcement agency or by the department of
rehabilitation
and correction as part of a background
investigation of a person
who applies for employment with the
agency as a law enforcement
officer or with the department as a
corrections officer;
(7) By any law enforcement agency or any authorized
employee
of a law enforcement agency, for the purposes set forth
in, and in
the manner provided in, section 2953.321 of the
Revised Code;
(8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and
investigation or any
authorized employee of the bureau for the
purpose of performing a criminal
history
records check on a person
to whom a
certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(10) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of conducting a criminal records check of an individual
pursuant to division (B) of section 109.572 of the Revised
Code
that was requested pursuant to any of the sections identified in
division (B)(1) of that section;
(11) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of a sheriff in connection with a criminal
records check described in section 311.41 of the Revised Code;
(12) By the attorney general or an authorized employee of
the
attorney general or a court for purposes of determining a
person's
classification pursuant to Chapter 2950. of the Revised
Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or
department
that maintains sealed records pertaining to
convictions or bail
forfeitures that have been sealed pursuant to
this section may
maintain a manual or computerized index to the
sealed records.
The
index shall contain only the name of, and
alphanumeric
identifiers
that relate to, the persons who are the
subject of the
sealed
records, the word "sealed," and the name of
the person,
agency,
office, or department that has custody of the
sealed
records, and
shall not contain the name of the crime
committed.
The index shall
be made available by the person who
has custody of
the sealed
records only for the purposes set forth
in divisions
(C), (D), and
(E) of this section.
(G) Notwithstanding any provision of this section or
section
2953.33 of the Revised Code that requires otherwise, a
board of
education of a city, local, exempted village, or joint
vocational
school district that maintains records of an
individual who has
been permanently excluded under sections
3301.121 and 3313.662 of
the Revised Code is permitted to
maintain records regarding a
conviction that was used as the
basis for the individual's
permanent exclusion, regardless of a
court order to seal the
record. An order issued under this
section to seal the record of
a
conviction does not revoke the
adjudication order of the
superintendent of public instruction to
permanently exclude the
individual who is the subject of the
sealing order. An order
issued under this section to seal the
record of a conviction of an
individual may be presented to a
district superintendent as
evidence to support the contention
that the superintendent should
recommend that the permanent
exclusion of the individual who is
the subject of the sealing
order be revoked. Except as otherwise
authorized by this
division and sections 3301.121 and 3313.662 of
the Revised Code,
any school employee in possession of or having
access to the
sealed conviction records of an individual that were
the basis of
a permanent exclusion of the individual is subject to
section
2953.35 of the Revised Code.
Sec. 2961.01.
(A)(1) A person convicted of who pleads
guilty to a felony under the
laws of
this or any
other state or
the United States and whose plea is accepted
by the court or a
person against whom a verdict or finding of
guilt for committing
a felony under any law of that type is
returned, unless the
conviction plea, verdict, or finding is
reversed or
annulled,
is
incompetent to be an
elector or juror or to hold an
office of
honor, trust, or profit.
When
(2) When any person convicted of a felony
under any law of
that type
who under division (A)(1) of this section is incompetent
to be an elector or juror or to hold an office of honor, trust, or
profit is granted
parole, judicial
release,
or
a conditional
pardon or is
released under a
non-jail community
control
sanction
or a
post-release control
sanction, the person is
competent to be
an
elector during the period of
community control,
parole,
post-release
control, or release or until the
conditions
of the
pardon
have been performed
or have transpired and is
competent to
be an elector thereafter
following final discharge.
The
full
pardon of a person convicted of a felony who under
division (A)(1) of this section is incompetent to be an
elector
or juror or to hold an office of honor, trust, or profit restores
the
rights and
privileges so
forfeited under this
division
(A)(1) of this section, but a
pardon shall
not release the
person convicted of a felony from
the costs of
a
conviction in
this state,
unless so specified.
(B)
A person convicted of who pleads guilty to a felony
under laws of this state
or any other state or the United States
and whose plea is accepted
by the court or a person against whom
a verdict or finding of
guilt for committing a felony under any
law of that type is returned
is incompetent to
circulate or serve
as a witness for the signing
of any declaration
of candidacy and
petition, voter registration
application, or
nominating,
initiative, referendum, or recall
petition.
(C) As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Non-jail community control sanction" means a community
control sanction that is neither a term in a community-based
correctional facility nor a term in a jail.
(3)
"Post-release control" and
"post-release control
sanction"
have the same meanings as in section 2967.01 of the
Revised
Code.
Sec. 2961.02. (A) As used in this section:
(1) "Disqualifying offense" means an offense that has both of
the following characteristics:
(a) It is one of the following:
(i) A theft offense that is a felony;
(ii) A felony under the laws of this state,
another state, or
the
United States, that is not
covered by division
(A)(1)(a)(i)
of this section and that involves
fraud,
deceit, or theft.
(b) It is an offense for which the laws of this state,
another state, or the United States do not otherwise contain a
provision specifying permanent disqualification, or
disqualification for a specified period, from holding a public
office or position of public employment, or from serving as an
unpaid volunteer, as a result of conviction of the offense,
including, but not limited to, a provision such as that in
division (C)(1) of section 2921.41 of the Revised Code.
(2) "Political subdivision" has the same meaning as in
section 2744.01 of the Revised Code.
(3) "Private entity" includes an individual, corporation,
limited liability company, business trust, estate, trust,
partnership, or association that receives any funds from
a state
agency or political
subdivision to perform an activity on behalf
of the state agency
or political subdivision.
(4) "State agency" has the same meaning as in section 1.60
of
the Revised Code.
(5) "Theft offense" has the same meaning as in section
2913.01 of the Revised Code.
(6) "Volunteer" means a person who serves as a
volunteer
without compensation with a state agency or political
subdivision
or who serves as a volunteer without compensation with a private
entity, including, but not limited to, an
uncompensated auxiliary
police officer, auxiliary deputy sheriff,
or volunteer
firefighter.
(B) Any person who is convicted of pleads guilty to a
disqualifying offense and whose plea is
accepted by the court or
any person against whom a verdict or
finding of guilt for
committing a disqualifying offense is
returned is
incompetent to
hold a
public office or
position of public
employment
or to serve
as a
volunteer, if
holding the public
office or position of
public
employment or
serving as the
volunteer involves
substantial
management or
control over the
property of a state
agency,
political
subdivision, or private
entity.
(C) Division (B) of this section does not apply if a
conviction of plea,
verdict, or finding of the type described in
that division
regarding a disqualifying offense is reversed,
expunged, or
annulled.
The
full pardon of a person convicted of
who has pleaded guilty to a disqualifying
offense
and whose plea
was
accepted by the court or a person against whom a verdict or
finding of guilt for committing a disqualifying offense was
returned restores the privileges
forfeited under division (B) of
this
section, but the pardon does
not release the person from the
costs
of the person's conviction
in this state, unless so
specified.
Section 2. That existing sections 109.572, 2921.41, 2925.01,
2925.03,
2925.11,
2925.22, 2953.32, 2961.01, and 2961.02
of the
Revised Code are
hereby
repealed.
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